IP Tango learns of some interesting developments in Costa Rica, relating to the status there of the "attorney-of-fact". According to the information received:

Under the Costa Rican legislation, it is necessary to submit a power of attorney when appearing as a representative of a company or an individual before the Trademark Office and Patent Office. This document requires very simple formalities, such as being acknowledged by a notary public, and does not necessitate any sort of legalisation. In the absence of this requisite at the time of filing, the local rules allowed representatives to file applications and related actions as attorneys-in-fact, provided that the power of attorney was filed within the following three months for international companies, and within a month for domestic entities.

However, Official Guideline DRPI-0004-2014 (dated October 23 2014, published in the Official Gazette on November 10) of the Industrial Property Registry established new requirements for the filing of applications and related actions as attorneys-in-fact.

Specifically, the use of this mechanism is subject to the presentation of a certificate of good standing of the company at issue, or of a life certificate or proper identification in the case of individuals. In both cases, the documents must be legalised when they have been issued abroad. Paradoxically, although powers of attorney do not currently require legalisation, the Industrial Property Registry conditioned the use of this mechanism on the presentation of the documents described above, as provided in the local Civil Procedure Code. If the requested documents are not submitted at the time of filing or after the Trademark Office or Patent Office has issued an office action, the application or related action will be archived and it will not be possible to reactivate it [One might ask who actually benefits from this? What will it do to facilitate business and commerce, to encourage greater use of the IP system or to enable it to run more efficiently?]. This is quite worrying, since applications claiming priority would be at risk if the additional documentation is not filed on time. ...

This development is predicted to cause problems and is seen as a retrograde step in the smooth operation of the country's IP system.Source: "Industrial Property Registry sets new rules for attorneys-in-fact" by Esteban Monge (Zürcher Lawyers, San Jose), from World Trademark Review, 14 December 2014

Wednesday, 24 December 2014

"ANCINE and BNDES to Finance digitization of movie theaters in Brazil" is the news from a bulletin issued by Brazilian law firm Di Blasi, Parente & Associates. The news goes like this:

"Main movie distributors will no longer continue to market the 35mm film medium as of 2015, so the Brazilian government has created the “Cinema Close to You” program promoting the adaptation and installation of new movie theaters with a new digital technology standard, as well as expanding the movie internal market in Brazil.

It is a joint effort between the National Film Agency (ANCINE), Ministry of Culture, National Bank for Economic and Social Development (BNDES) and the Audiovisual Sector Fund (FSA). According to the BNDES, the following items can be the subject of special financing under the program:

(i) acquisition in the national market or import of new digital projectors compatible with the DCI standard (“Digital Cinema Initiatives”), as well as processing units, parts and accessories thereof;

(ii) acquisition in the national market or import of digital sound processing units;

(iii) customs, insurance and transport costs;

(iv) installation and assembly costs;

(v) acquisition of necessary furniture and fixtures for digital projection;

(viii) equipment that is necessary for the assembly of the operation center.

The “Cinema Close to You” program will enter into force on January 31, 2015, and a financing program of US$309,000 has already been granted to Quanta DGT – Telem Group – so that 770 movie theaters belonging to national enterprises can make the switch to the new digital technology standard".

Presumably this will both boost cinema attendance through the provision of higher quality video and sound experience and assist those involved in piracy and unlicensed commercial activities. It will be interesting to see which benefits more: the legitimate or the illegitimate sector.

Friday, 19 December 2014

Carlos Agusto Conde-Gutierréz, lecturer at Universidad Externado de Colombia, contacted the blog to invite all our subscribers to read 'Revista la Propiedad Inmaterial', No 18.
The magazine is published annually. It contains a wide diversity of IP areas such as biotechnology, new technologies, sui generis rights, patentability and trade marks among others. This year, it covers jurisdictions such as Singapore, Mexico and Colombia. In general, it can be said that the magazine has something for everyone.

Some of the articles are published in English while others in Spanish and can be read here for free.

Monday, 8 December 2014

According to Marrakesh Notification No. 4: Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, the Government of the Eastern Republic of Uruguay, on 1 December 2014, deposited its instrument of ratification of the Marrakesh Treaty -- but it won't come into force till it reaches the required number of ratifications or accessions in accordance with Article 18 of that Treaty, ie three months after 20 eligible parties have signed up for it.

At present the number stands at four (you can check here to see whether more have signed up since) but at least this is positive news for Latin America. Of the four, two countries -- a full 50% -- are from Latin America, the other being El Salvador (the other countries being India and the United Arab Emirates).